A HUMAN rights group has set out its concerns regarding a proposal to allow retrials where a jury fails to reach a majority verdict.
Jersey Human Rights Group argues that no clear evidence has been presented to demonstrate that the current system is inadequate or that allowing retrials would improve fairness or efficiency.
In a submission to a Scrutiny panel, JHRG – which is chaired by Deputy Montfort Tadier – says that in a small jurisdiction such as Jersey, extensive media coverage of major trials can make it difficult to ensure that any second jury remains uninfluenced by earlier reporting.
“As previous Commissioners [judges] have pointed out, once a case has been widely reported, it becomes extremely difficult to guarantee that a fresh jury can approach the evidence entirely independently,” Deputy Tadier said.
The submission cites an earlier 2018 Scrutiny panel, which raised similar concerns and noted that retrials may take place under conditions that differ markedly from the original trial, potentially compromising fairness.
JHRG evidence also argues that a hung jury is not an indication of system failure, but rather a reflection of the high standard of proof required in criminal cases.
“In criminal law, we require the prosecution to prove guilt beyond reasonable doubt. If a jury is not sure, that should be the end of the matter,” Deputy Tadier said.
“A non‑majority verdict should not be seen as an ‘unsatisfactory outcome’ – rather, it is an outcome that respects the presumption of innocence, and it occurs only when the prosecution has convince a jury ‘beyond reasonable doubt’.”
JHRG also raises concerns about the additional strain on all parties of a retrial and argues that there has been no demonstration that the benefits of multiple trials would outweigh “the significant human and financial costs”.
Deputy Tadier said: “If the threshold for majority verdicts is seen as too high, then that is a separate conversation – but introducing retrials without a clear, evidenced problem risks creating new injustices rather than resolving any existing ones.”
